North Block, New Delhi — 110001
OFFICE MEMORANDUM
The Undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:
11. Penalties
Minor Penalties —
(iii)(a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.
(iv) withholding of increments of pay;
(v) save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay
(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time—scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period —
3. As per clause 3 of the Central Civil Services (Revised Pay) Rules, 2016 ‘Level’ is defined as under:
A. Reduction to a lower stage of pay by one stage {Rule 11( iii a)}
On imposition of a penalty under this Rule, the pay would be fixed at the next upper vertical cell in the same level in the pay matrix. In other words, in case of reduction by one stage, the revised pay would be the pay drawn in the same level at the stage before the last increment.
B. Withholding of increment {Rule 11(iv)}
As already noted in para 2 above, increment is granted either on 1st January or 1St July of every year, as per the eligibility. Therefore, on imposition of penalty of withholding of increment, the next increment(s) due after the date of imposition of the penalty would be withheld. In case where penalty of withholding of multiple increments is imposed, increments due on 1st January or 1St July, as the case may be, in the subsequent years would similarly be withheld. The increment would be restored at the end of the period for which the penalty is imposed. The increments will be given on notional basis without arrears and without affecting date of next increment on restoration of increment.
This also applies to cases where the penalty is imposed for part of a year. For instance, if the penalty of withholding of one increment for six months is imposed on a Government servant in October 2017, then withholding of increment will be on following manner:
When the date of increment is 1st January
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When the date of increment is on 1st July
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The increment falling due on 01.01.2018 will be withheld for a period of next six months, that is, till 30.06.2018. The increment would be released on 01.07.2018 without arrear.
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The increment falling due on 01.07.2018 will be withheld for a period of next six months, that is, till 31.12.2018. The increment would be released on 01.01.2018 without arrears.
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(i) A direct recruit Assistant Section Officer cannot be reduced to the lower rank like SSA/JSA.
(ii) A Government servant holding any post like LDC/ Tax Assistant etc. who qualifies as Assistant Section Officer as a Direct Recruit and is later promoted as Section Officer cannot be reduced to the rank, which was earlier held by him before ASO (DR) but only to that of an Assistant Section Officer.
5. Some illustrations on pay fixation on the above cases are annexed.
6. In so far as the personnel serving in Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller and Auditor General of India.
7. Hindi version will follow.
(Satish Kumar)
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from Blogger http://www.systempost.in/2019/06/7th-pay-commission-regulation-of-pay-on.html